'Mallak-Plus': The Emergence of an Enhanced Duty to Give Reasons in Connelly v. An Bord Pleanála & ors [2018] IESC 31, [2018] IESC 36

17 Pages Posted: 8 Mar 2019

See all articles by Suzanne Kingston

Suzanne Kingston

Sutherland School of Law, University College Dublin

Date Written: 2018

Abstract

Since the Supreme Court’s ground-breaking recognition of a general constitutional duty to give reasons for administrative decisions in Mallak v Minister for Justice, Equality and Law Reform, questions of defining precisely what the duty entails, and its boundaries, have frequently come before the courts.

The judgment of the Supreme Court in Connelly (Clarke CJ delivering the judgment on behalf of the Court) represents a significant development in that case-law. Specifically, while Mallak concerned a decision of purely Irish law (a refusal of a certificate of naturalisation), Connelly raised the question of how the duty to give reasons applies where the decision falls within the scope of EU law.

The Supreme Court’s judgment also sheds important light on the nature of the constitutional duty to give reasons, confirming that there can be no one-size-fits-all approach. Rather, its nature depends not only on the decision type and statutory framework, but also on the identity of the applicant itself.

Keywords: environmental legislation, enhanced duty to give reasons, Connelly v. An Bord Pleanala, EU law

Suggested Citation

Kingston, Suzanne, 'Mallak-Plus': The Emergence of an Enhanced Duty to Give Reasons in Connelly v. An Bord Pleanála & ors [2018] IESC 31, [2018] IESC 36 (2018). Irish Supreme Court Review 2018 ; UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No. 7 (2019). Available at SSRN: https://ssrn.com/abstract=3349202

Suzanne Kingston (Contact Author)

Sutherland School of Law, University College Dublin ( email )

Belfield
Dublin 4
Ireland

Register to save articles to
your library

Register

Paper statistics

Downloads
18
Abstract Views
118
PlumX Metrics